"Now comes J. H. Mapleson defendant in the above entitled action by W. H. L. Barnes his attorney and for answer to the complaint of Luigi Ravelli the plaintiff in the above entitled action respectfully shows to the Court and alleges as follows:
"The defendant denies that between the 4th day of February A.D. 1886 and the 4th day of April 1886 or between any other dates plaintiff rendered services to the defendant at defendant's special instance or request or otherwise in the capacity of an opera singer or otherwise except as hereinafter stated.
"Defendant denies that for said alleged services or otherwise or at all this defendant promised to pay plaintiff the salary of twenty-four hundred dollars per month or any sum except as is hereinafter stated.
"Defendant admits that he has not paid the said plaintiff for his alleged services since the 4th day of February A.D. 1886; but he denies that the same or any part thereof is due to plaintiff from the defendant.
"And further answering the defendant alleges and shows to the Court as follows:
"That heretofore to wit on or about the 22nd day of July A.D. 1885 at the City of London, England, the plaintiff Luigi Ravelli and this defendant made and entered into a contract in writing in and by which it was agreed substantially as follows:—
"1st: That said Ravelli engaged as primo tenore assoluto for performances in Great Britain, Ireland, and the United States with the defendant, said engagement to begin at the commencement of the season about the 1st of November A.D. 1885 and to close at the end of the American season, the salary of said plaintiff to be twenty-four hundred dollars per month payable monthly. The said Ravelli agreed to sing in Concerts as well as in Operas, but not to sing either in public nor in private houses in the Kingdom of Great Britain, Ireland, or the United States during 1885-6 without the written permission of the defendant. The said plaintiff also agreed in and by said contract to conform himself to the ordinary rules of the Theatre, and to appear for rehearsals, representations, and concerts at the place and at the precise time indicated by the official call, and in case the said plaintiff should violate said undertaking, the defendant had the right to deduct a week's salary from the compensation of the plaintiff, or at his option to entirely cancel the said agreement as by said contract now in the possession of the defendant, and ready to be produced as the Court may direct, reference being thereunto had may fully and at large appear.
"And the defendant further says that after the making of said contract, said plaintiff commenced to render services as an Opera singer under said contract, and so continued down to about the 8th day of February 1886 at which time this defendant was in the City of Chicago, State of Illinois, and was then and there with his Opera Company engaged in giving representations of Operas, and the like at the Columbia Theatre in said City. That on the night of said day, and while the Opera Company of this defendant was engaged in giving a representation of the Opera known as Carmen in which Madame Minnie Hauk assumed the rôle of 'Carmen,' and the said Ravelli the rôle of 'Don José,' the said Ravelli while on the stage, and in the presence of the audience violently assaulted said Madame Minnie Hauk and threatened then and there to take her life, and shouted at her the most violently insulting epithets and language; that his conduct caused said Madame Minnie Hauk to become violently ill, and she so continued, and from time to time was unable to perform, thereby compelling this defendant to change the operas he had proposed and advertised to give, causing great public disappointment, and great pecuniary loss to this defendant.
"And the defendant further says that from about the 8th day of February 1885 to and until the 20th of February 1885 plaintiff refused to perform any of the parts set down for him to sing, or to attend rehearsals, or to obey calls as they were sent to him, and generally conducted himself in a brutal and insubordinate manner. That on the 20th of February at said City of Chicago this defendant with great difficulty persuaded him to act and sing in the part of 'Arturo' in the Opera of I Puritani, but before said last named day, he had been regularly and formally notified and called to the rehearsals of the Opera of Mignon, and to rehearse, and sing the part of 'Guglielmo,' and he refused so to do, and tore up the calls, or notices sent to him therefor, and threw them in the face of defendant's messenger. The said Ravelli was announced to the public to sing the rôle of said 'Guglielmo' in said opera of Mignon in all advertisements and notices for the 19th day of February A.D. 1885, but wholly refused and neglected so to do, and also neglected and refused to appear and sing in the rôle of 'Don José' in Carmen, announced in bills and advertised for February 20th, 1885.
"That after this defendant had as aforesaid persuaded said Luigi Ravelli to sing in the part of I Puritani, he continued to sing until the 13th March, at which time this defendant was with his Company at the City of Denver, in the Territory of Colorado, at which time and place he again without reason or excuse neglected and refused to sing in a public concert advertised and given in said City by this defendant.